The diamond drill. (Crystal Falls, Iron County, Mich.) 1887-1996, 1887-02-05

chsrgcs which have been establis he'd and pub
ished In compliance with the requirement. q
this section. and shall promptly notify snid
Commission Of all changes made In the
same. Every such common carrier shall also
tracts, agreements or arrangements with other
common carriers sn relation 10 any tr1nc NJ.
fected by the provisions OF se's act 20 which IL
may be a party And IN Gaze. whore pass, passsn n
routes operated by more than tne common
carrier. and the several common carriers operat-
ing such lines or routes establish joint tariffs of
rates or fares or charges for such continuous
lines routes, copies 81 such joint tariffs shall
also. I'm like manner. be filed with said Commits
sion. Such joint rates fares and charges ON such
continuous lines so filed as aforesaid shall be
made public by such common carriers when di-
rected by said Commission, In so far as may, in
the judgment Of tho Commission, be deemed
practicable; aud said Commission shall from
time TO timo prescribe the measure 81 pub
licity which shall be given 10 such rates, fares
and charges. or 10 such part of Thorn as IL may
deem II practicable for such common carriers
20 publish, and the places in which they
shall DO published but no common carrier party
20 any such joint tariff shall be liable for the
failure OF any other common carrier party
thereto u observe aud adhere 10 the rates, fares.
or charges thus made and published III any
such common carrier snail neglect or refuse to
fle on publish It's schedules or tariffs Of rates,
fares, and charges, provided In this section.
or any part OF the same, such common carrier.
shnll I'm addition 20 other penalties herein pre-
scribed. BIO subject 10 a writ Of mandamus. 10 be
issued by any circuit court Of tho United States
In the judicial district wherein tho principal
office Of said common carrier 10 situated, or
wherein such offcnse may be committed. and IL
such common carrier be n foreign corporation,
In tho judicial circuit wherein such common
carrier accepts traffic and has an agent 10 per-
form such service, TO compel compliance with
the aforesaid provisions OF this section; and
such writ shall ISSUE In tho name OF the people
OF the United States ar the relation OF the Com
missioners appointed under the provisions Of
this act. and failure 10 comply with its re-
quiremonts shall be punishable as and for
nf.rafa urtt and anti al,
oomplainants may also apply, In any such Cir
cult Court OF the United states for writ OF
Injunction against such common carrier. 10 re-
strain such common carrier from receiving or
transporting property among che several States
and Territories OF tho United States, or between
the United statos and adjacent foreign coun.
tries, or between ports OF transshipment and OF
entry and the several States and Territories Of
tho United States. as mentioned I'm the FIRST sec
ton OF this act. until such common carrier
shall have complied with the aforesaid pro-
visions OF this section OF this act
Sec. z. That 10 shall be unlawful for any COM
mon carrier subject to the provisions OF this act
10 enter into any combination, contract or agree
ment. expressed or implied, To prevent 10y
change OF time schedule carriage In different
cars. or by other means or devices, the carriage
OF freights from being continuous from the place
OF shipment 20 tho place OF destination; and no
break OF bulk, stoppage or interruption made
by such common carrier shall prevent the car
riago Of frcights from being and being treated
as ono continuous carriage from tho place OF
shipment 10 the place OF destination, unless
SUCH break, HtOppago, or interruption was ufado
in good faith for some necessary purpose. and
without any intention 20 avoid or unnecessarily
interrupt such continuous carriage or 10 evade
any Of the provisions Of this act.
Sec. \. That In case any common carrier sub
ject 10 tho provisions OF this act shall do cause
20 BIO done, or permit 20 be done any act, mat
ter. or thing in this act prohibited or declared
20 be- unlawful, or shall omit 20 do any act mat
ter. or thing In this act required 10 be done
such common carrier shall bo liable TO the per-
son or persons injured thereby for the full
~ damaQoA
OF any such violation OF the provisions Of this
act together with reasonable counsel or at
tornoy's fees. 10 be fixed by the court in every
case OF recovery which attorneys fees shall be
taxed and collected ns part of the costs in the
case.
Sec o. That any person or persons claiming
10 be damaged by any common carrier subject
70 the provisions OF this act may other make
complaint To the Commission as hereinafter
provided for, or may bring suit in his or their
own behalf for the recovery Of the damages for
which such common carrier may be liable UNI
der the provisions OF this act I'm any District
or Circuit Court Of tho United States Of compe-
tent Jurisdiction but such person or persons
shall not have the right u pursue both OF such
remedies, and must In each case elect which
one OF the two methods OF procedure herein
provided for no or they will adopt In any
such action brought for the recovery OF dam
ages tho court before which tho Same shall DO
pending may compel any director, ofi1cer, re-
ceiver trustee, agent Of tho corporation
company defendant I'm such suit 20 attend, APP
pear. aud testify I'm such case, and may compel
corporation or company party To any such suit
tho claim that any such testimony evidence
may tend 10 crimlnate the person giving such
evidence shall not excuse such witness from tas-
tifying, but such evidence or testimony shall
not be used against such person on the trial OF
any criminal proceeding.
Foe. 10 That any common carrier subject to
tho provisions OF this act, or, whenever such
common carrier Ia corporation. any director or
officer thereof. or any receiver, trustee lessee,
agent or person acting for or employed by such
corporation, who, alone or with any other cor
porntion, company, person or party, shall will
fully do or cause To be done or shall willfuliy
suffer or permit TO be done. any act, matter or
thing In this act prohibited declared To be
unlawful or who shall aid or nbet therein.
shall wilitully omit or fail 70 do any act
OF shall cause or willfully suffer or permit any
act, matter thing so directed or required by
this act TO be done not TO be 30 done, or shall
aid or abet any such omission or failure,
shall bo guilty Of any infracton Of this act
or shall aid or abet thoroin. shall be deemed
conviction thereof I'm any District Court of
tho United States within the jurisdiction Of
which such ofonHe was committed. be subject
10 fne OF not 20 exceed 5000 for each onense.
Sec. IL. That n commission IL hereby created
aud established TO be known IA the Interstate
Commerce Commission, which shall bo COM
posed OF Ave Commissioners, who shall be
pointed by the President by aud with the adj
vice aud consent Of tho senate The Commits
sioners FIRST appointed under this act shall con-
tinuc IN Office for the term OF two three, four,
Ave, and ak years, respectively. from the lst
day OF January, A. ID 1881 the torn OF each to
be designated by the President; but their sue
oessdrs shall be appointed for terms OF six
years, except that any person chosen 10 OH n
vacancy shall bo appointed only for tho unox-
pired term of the Commiseioner whom he shan
succeed. Any Commissioner may be- removed
by the President for inefficioncy. neglect OF
duty or malfoasanco In Office. Not moro than
throo 81 the Commissioners shall be appointed
| from the same political party. No person Ina the
employ OF or holding any official relatlon 20 any
common carrier subject 10 the provision Of this
act. owning stock or bonds thereof. or who IL